THE result of the EU referendum has prompted many questions. Employment specialist Rebecca Wilson, a Partner at leading regional law firm Tollers, has taken a break from her Tollers Top Tips article series, to look what the decision might mean for employers.
“Divorce’ from the EU could take up to two years. Until then, we are still a Member of the European Union and, therefore, nothing will immediately change.
The EU requires certain laws to be implemented into the UK laws. Once the Brexit is finalised, we could make changes to them. Here are Rebecca’s predictions:-
Agency worker regulations
As many of you will testify, these are unpopular regulations. As such, there is a possibility that these could now be repealed.
Discrimination
We have the Equality Act 2010. It is possible that this will not be changed in light of Brexit. There may however be scope to cap compensation for discrimination in an Employment Tribunal.
Family friendly
The UK have rights in place which actually exceed those of the EU. In light of the UK’s pro stance on family friendly rights, it is possible that we won’t see any change to those laws.
Redundancy consultation
Collective consultation is unpopular and we have had our ups and downs in recent case law. Leaving the EU could give us the opportunity to make changes to the collective consultation laws so we could see them being slightly relaxed.
TUPE
TUPE, the Transfer of Undertakings (Protection of Employment) regulations were updated in the UK in 2006. We could have scope to make amendments to it, such as allowing employers to harmonise employment contracts post-transfer.
Working Time Regulations
Again, the UK has rights in place, which actually exceed those of the EU. However, we could see changes to paying commission and overtime for employees on annual leave. The maximum 48-hour average working week could be removed entirely, as most employers ask their employees to opt out of this anyway.
What next?
Here at Tollers, we will continue to watch developments closely and keep you informed. We will also be engaging with our clients to understand their business and personal needs going forward so that we are able to assist them in the future.
Further details are on the website www.tollers.co.uk If you have any questions, then Talk to Tollers. We are here for you.
